Boundary issue and potential house move

[Skippy12]

Hi,
I'm currently having a problem with my next door neighbour over a piece of land that he claims is his. I was planning to move house but now I'm worried that the issue could boil over and stop me from selling my property.

I bought the house over 15 years ago and he has never mentioned this issue before but he's now claiming that the strip of land (approx 20ft x 10ft) at the end of my garden is his. He showed me a copy of the Land Registry map he had obtained and claimed the markings showed that he owned the land in question. He appeared to back down when I mentioned the period of time I had been living in the property and the fact that the wall and fence bordering my land were in place before I bought the house. However, I wonder if once the house sign goes up if it will prompt a fresh bid from him as he will be aware that the last thing someone hoping to sell their house wants is a boundary dispute.

I have 3 concerns that I'm hoping someone could help me with:
1) If he takes legal action to take back what he claims was his, even though I bought the property in good faith 15 years+ ago (and the land in question has not been altered since the day I purchased it) would he have a case?
2) How long approx would such a case take to be resolved?
3) Even if I won the case, would I have to declare the dispute in the sale particulars and (and I know that this is subjective) is it likely to put off potential buyers?

Any help you can provide would be much appreciated.

[atticus]

Have you looked at your Land Registry title plan?

[Skippy12]

Have you looked at your Land Registry title plan?

Hi,

We have looked at the Land Registry title plan but it's not clear to us whether it's our garden or his.

Please can you let us know if the fact that we've lived in the house for over 12 years and the garden is exactly as we bought it make a difference to the likely outcome of a potential challenge?

Many thanks

[atticus]

That should be significant.

You might consider engaging a specialist boundary surveyor to examine the land and boundaries, and also to examine the LR title plan for your property and also the LR title plan for this neighbour's property.

Legal action can take a long time to resolve, and cost £££. It can also make both properties unsellable - or significantly depress values.

[dslippy]

Questions (Your numbering)

1 Was the title registered when you bought it? I assume so. If so, then you bought what was registered in the plan. Whether he has a case depends upon the registered plan. HMLR will not include the same land in two titles.

2 Several years

3 Win or lose you will have to declare the dispute, and yes, a buyer may well be discouraged.

Be aware of the 'general boundaries' rule. The line on the plan is a thick red line. The scale of the plan is 1/1250. Multiply the width of the red line by the scale, allow for some inaccuracy, and you can see that the red line cannot determine the exact boundary.

Be clear in your own mind - does the HMLR red line match the apparent boundary on the land.

Acquisition of land which is registered by adverse possession is almost impossible. What you have gardened for 15 years will not count for a lot.

Get your plan ,and check it with your neighbour's plan.
Above all, talk to them and try to reach an agreement. If you can agree, there is no dispute. A dispute might knock a quarter off the value of the house. Ask yourself just what at best might be the value of the land at issue. Chances are that it is a few hundred pounds at most.

Get an agreement.

[Skippy12]

That should be significant.

You might consider engaging a specialist boundary surveyor to examine the land and boundaries, and also to examine the LR title plan for your property and also the LR title plan for this neighbour's property.

Legal action can take a long time to resolve, and cost £££. It can also make both properties unsellable - or significantly depress values.

Sincere thanks for the helpful information.

[Skippy12]

Questions (Your numbering)

1 Was the title registered when you bought it? I assume so. If so, then you bought what was registered in the plan. Whether he has a case depends upon the registered plan. HMLR will not include the same land in two titles.

2 Several years

3 Win or lose you will have to declare the dispute, and yes, a buyer may well be discouraged.

Be aware of the 'general boundaries' rule. The line on the plan is a thick red line. The scale of the plan is 1/1250. Multiply the width of the red line by the scale, allow for some inaccuracy, and you can see that the red line cannot determine the exact boundary.

Be clear in your own mind - does the HMLR red line match the apparent boundary on the land.

Acquisition of land which is registered by adverse possession is almost impossible. What you have gardened for 15 years will not count for a lot.

Get your plan ,and check it with your neighbour's plan.
Above all, talk to them and try to reach an agreement. If you can agree, there is no dispute. A dispute might knock a quarter off the value of the house. Ask yourself just what at best might be the value of the land at issue. Chances are that it is a few hundred pounds at most.

Get an agreement.

Such useful information. Thank you